Marijuana cultivation in the Dallas / Fort Worth metroplex can occur if an individual grows or harvests Cannabis plants or the buds of the plant for any purpose, including medical or medicinal purposes, personal use, or for selling or distributing marijuana. Although some states allow for individuals to grow marijuana plants, Texas has not yet legalized marijuana cultivation or grow houses for any purpose, and a conviction for this criminal offense can result in serious penalties.
If you have been charged with growing or cultivating cannabis, marihuana or marijuana plants, you do not necessarily have to face a criminal conviction. The state prosecutor is required to prove you committed every element of the marijuana offense beyond a reasonable doubt. This can be very a difficult burden to meet, and even the slightest doubt in the mind of the judge or jury can result in a reduction or dismissal of the charges against you. Therefore, it is imperative to hire an experienced marijuana defense lawyer who will make every effort to create your best legal defense.
Dallas Marijuana Cultivation Lawyer
If you have been charged with growing marijuana or operating a grow house in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.
Dallas criminal defense attorney Richard McConathy will make every effort to help you avoid the most serious penalties and repercussions to the criminal charges against you. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your marijuana cultivation charges.
Marijuana Cultivation in Dallas
Marijuana cultivation or growing marijuana is considered a marijuana possession offense under Texas law. According the Texas Health and Safety Code § 481.121, marihuana cultivation can occur if an individual knowingly or intentionally possesses a useable amount of marihuana for the purpose of growing or cultivating. Marijuana or marihuana is also commonly known as hemp, pot, weed, hydro, mary jane, chronic, bud, cannabis or ganja.
Dallas Marijuana Grow Houses
An individual can be charged with marijuana cultivation if they are the owner of a house or occupy a house that is used to grow or cultivate marijuana. A marijuana grow house is specifically used to cultivate marijuana or marijuana plants. Grow houses often consist of irrigation systems, lighting systems and electrical wiring in an attempt to replicate the climate and conditions of the marijuana plant’s natural habitat.
Grow houses can be any type of indoor or outdoor structure, including homes, buildings, structures, greenhouses, trailers and sheds.
If any law enforcement officers suspects a structure or building is being used as a grow house, they can obtain a warrant to search the property and seize any evidence based on even the smallest observations, such as the smell or odor of marijuana, an explosion for faulty electrical wiring, or the presence of mass quantities of fertilizer or certain types of landscaping equipment.
Dallas Penalties for Marijuana Cultivation
Chapter 12 of the Texas Penal Code lists the penalties for marijuana cultivation offenses, which can result in a misdemeanor or felony conviction, depending on the amount of marijuana or cannabis plants in the alleged offender’s possession at the time of arrest. Punishments for a marijuana cultivation conviction are listed below.
Criminal charges for marijuana cultivation can result in a class B misdemeanor conviction if the alleged offender possessed two ounces or less of marijuana. This degree of offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.
Criminal charges for marijuana cultivation can result in a class A misdemeanor conviction if the alleged offender possessed four ounces or less of marijuana, but more than two ounces. This degree of offense can result in a jail sentence up to one year and/or a fine up to $4,000.
Criminal charges for marijuana cultivation can result in a state jail felony conviction if the alleged offender possessed five pounds or less of marijuana, but more than four ounces. This degree of offense can result in jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
Criminal charges for marijuana cultivation can result in a felony of the third degree conviction if the alleged offender possessed more than five pounds of marijuana, but 50 pounds or less. This degree of offense can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
Criminal charges for marijuana cultivation can result in a felony of the second degree conviction if the alleged offender possessed 50 pounds or more of marijuana, but less than 2,000 pounds. This degree of offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
Criminal charges for marijuana cultivation can result in a felony of the first degree conviction if the alleged offender possessed 2,000 pounds or more of marijuana. This degree of offense can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $50,000.
Law Offices of Richard C. McConathy | Fort Worth Marijuana Cultivation Attorney
Contact Law Offices of Richard C. McConathy today for a consultation about your alleged marijuana cultivation offense throughout Dallas County in Texas. Richard McConathy is an experienced Dallas marijuana defense lawyer who will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation.
Contact Law Offices of Richard C. McConathy at (972) 233-5700 for a consultation about your alleged marijuana cultivation charges throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.